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Recycled Water in California: Statutes, Regulations, and Policy Considerations
OVERVIEW Modern realities of population growth, urban sprawl, climate change and shortages and scarcity of natural resources are leading governments and planners to consider methods of sustainable development and management. Reclamation of and recycling treated waste water is one strategy being utilized around the world to meet and manage ever expanding urban water demands. Reclaiming water involves altering the traditional municipal pathway from the waste water treatment facility to the discharge point, and treating it sufficiently to reuse for non-potable applications. It is well established that, as opposed to treating and discharging it, reclaiming treated waste water is a more sustainable practice. By recycling water, policy makers ensure reduced consumption of potable water, thereby conserving availability of fresh water sources. HISTORY IN CALIFORNIA The motivation of any legislative or governmental body to support conservation of fresh water sources is relative to the accessibility of water for the population it serves. Availability varies throughout the world, in given countries, or within individual states, California being a prime example. In southern California water is a much more scarce resource than it is in the northern areas of the state. Reclaimed water has been used successfully in California for over 50 years. Currently, recycled water is used as a reliable alternative to fresh water, primarily for irrigation purposes, in several California cities, including Santa Barbara Huge pur pipe.jpg|Recycled Water Piping in Los Angeles, CA San Diego purp pipe.jpg|Purple Recycled Water System in San Diego, CA UCSB purp pipe.jpg|Purple pipes used in the UCSB recycled water sytem Clovis purp pipe.jpg|Mainline for Recycled Water in Clovis, CA 1.jpg|Arroyo Burro Creek, Santa Barabara, CA, uses recyc SFO purple valve.jpg|San Francisco, CA, Recycled Water Valve REGULATION OF RECYCLED WATER Although production and use of reclaimed water is ultimately an issue managed by local government, as the concept is based upon the connection to municipal waste water treatment processes, the state of California has established a statewide system regulating recycled water. From a policy perspective, the foremost concern about using reclaimed water is the protection of public health and safety, especially regarding sanitation. In California, a number of legislative measures and governmental policies have been implemented to create the framework for viable production and use of recycled water in the Golden State. thumb|left|300px|Water Recycling using Membrane Filters Below is a compendium of laws applicable to recycled water in California, and the governmental bodies involved with implementing and overseeing the water reclamation process. Recycled Water Usage in California: State Agencies, Departments, Statutes, and Regulations ' ' 1. California Environmental Protection Agency (Cal/EPA) - created in 1991 by Executive Order : Comprised of six agencies, boards and departments; "....a cabinet level voice for the protection of human health and the environment...." *Charged with "....developing, implementing and enforcing the state's environmental protection laws that ensure....clean water....waste recycling and reduction." *Umbrella agency above State Water Resources Control Board 2. State Water Resources Control Board (SWRCB) - established within Cal/EPA in 1967 : "....to provide for the orderly and efficient administration of the water resources of the state...." *Five member Board, members appointed by the Govenor *Responsible for setting statewide policy to protect water quality *Adjudicates regional board dispute petitions *Coordination agency above Regional Water Quality Control Boards 3. Regional Water Quality Control Boards - Nine boards, state divided geoghraphically by watershed *Authority to "prescribe water recycling requirements" as necessary to protect public health, safety, or welfare. Must consult with and consider recommendations of Department of Health Services (DHS) when issuing water recycling requirements. *Water quality control plans (also known as basin plans) *Nine members per board, appointed by the Govenor 4. 1996 Memorandum of Understanding (MOU) - agreement between DHS, SWRCB, and Regional Water Boards *Assures continuous coordination of activities related to using recycled water in California, and *Provides methods and mechanisms necessary for such coordination. 5. Department of Water Resources (DWR) : Vast state Department works on water topics including, but not limited to, Planning, the State Water Project, and Environment. : Website headline: "Improving and Sustaining California's Water Resources" : Lists the following groups: California State Water Agencies (under DWR) California Natural Resources Agency CERES (California Environmental Resources Evaluation System) Central Valley Flood Protection Board (formally The Reclamation Board) California Bay-Delta Authority (formerly CALFED) State Water Resources Control Board Colorado River Board Interagency Ecological Home Page Bay-Delta and Special Water Programs, a Division of the California Department of Fish and Game Water Agencies (under DWR) '''(Partial List) Associations of Water Agencies State Water Contractors California Water Awareness Campaign Association of California Water Agencies (ACWA) Water Education Foundation '''California State Water Recycling Laws 6. California Water Code (CWC) Statutory Law It is California policy to promote using recycled water "to the maximum extent in order to supplement existing surface and ground water supplies...." *Porter-Cologne Water Quality Control Act Division 7,section 13000 et seq. "The Legislature finds and declares that the people of the state have a primary interest in the conservation,control, and utilization of the water resources of the state, and that the quality of all waters of the state shall be protected for the use and enjoyment by the people of the state." *Water Recycling Law Division 7, Chapter7 **Section 13510: "....the people of the state have a primary interest in the development of facilities to recycle water...." **Section 13550: "....the use of potable domestic water for non-potable uses....is a waste or an unreasonable use of the water...." *Water Recycling Act of 1991 Division 7, Chapter 7.5 **Establishment of a Recycled Water Task Force (2002), made up of over 20 members, to advise the Department and make recommendations to the legislature, and **Changes to the Plumbing Code to facilitate use of reclaimed water by industrial and commercial consumers, and **Description of rate considerations for reclaimed water. 7. California Health and Safety Code Statutory Law : Chapter 5, Article 2, Sections 116800-116820 - Cross Connection Control by water users 8. California Code of Regulations (CCR) Regulatory Law : Regulations promulgated by DHS assuring protection of public health by establishing uniform statewide criteria for uses of recycled water. : A. Title 17, Division 1, Chapter 5, Group 4, Article 2, sections 7601-7605 Protection of Water System *Approval, construction, and location of backflow preventers, and *Protection required, and *Testing and maintenance of backflow preventers. : B. Title 22, Division 4, Chapter 3, section 60301 et. seq. Water Recycling Criteria * *: Approved uses of recycled water, and **Limitations and requirements. C. Title 23, Division 3, Chapter 27, section 3720 et seq. * *: State Water Resources Control Board, and **Regional Water Quality Control Boards. : : : : :